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England and Wales Magistrates' Court (Family)
You are here: BAILII >> Databases >> England and Wales Magistrates' Court (Family) >> A (A child), Re [2010] EWMC 47 (FPC) (2010)
URL: http://www.bailii.org/ew/cases/EWMC/FPC/2010/47.html
Cite as: [2010] EWMC 47 (FPC)
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The written reasons are being distributed on the strict understanding that in any report, no person may be identified by name or location (Other than a person identified by name in the reasons themselves) and that in particular the anonymity of the children and the adult members of their family must be strictly preserved
Neutral Citation Number: [2010] EWMC 47 (FPC)
X Family Proceedings Court
X City Council
Vs
LW [first respondent]
NW [second respondent]
RE: A
10th August 2010
Justices facts and Reasons
These facts and reasons have been agreed by the parties save for the First and Second Respondent who have not attended the hearing today and instructions are that they neither oppose nor consent. Such facts and reasons being adopted by the court and the court is satisfied that the proposed orders are appropriate in the circumstances of the case.
Facts
This is an application by the Local Authority for a Care Order and Placement Order in respect of A.
A’s mother is LW and her father is NW. The parents are not married but are cohabiting and have been in a relationship since 2003. NW has parental responsibility. The mother and father are aware of the care proceedings and have been served with the application; they attended the hearing on 16 September 2009. The mother and father’s legal representative has also been served with the placement order application.
LW has five other children who are no longer in her care, all of which have been made subject to Care Orders and are adopted.
A was made subject of an Interim Care Order on the 27.09.09 due to concerns that she was likely to suffer significant harm, should she be returned to her parents’ care, as a result of their drug misuse and general neglect, as their chaotic lifestyle would impact upon their ability to care for A.
Neither parent has attended contact with A since 8 January 2010. Both have failed to engage with the two parenting assessments offered to them. Neither parent has engaged with the psychologist.
NW and LW have failed to attend the Final Hearing today and do not actively oppose the making of a final Care Order and a Placement Order, neither do they consent.
The interests of A have been represented by the children’s Guardian and her solicitor Mr H
The parents have been represented by their solicitor Ms LD.
We have read the social work statements filed by the Local Authority and their final care plan. We note the proposed basis for threshold filed by the Local Authority dated 07.07.09. We have also read the report of the Guardian dated 10.08.10 and note that the Guardian supports the making of the orders.
Reasons
A’s welfare is the Court’s paramount consideration. We have considered the no order principle and consider it better to make the orders than to make no orders.
The Court has given careful consideration to the expert reports and statements filed within these proceedings.
We are satisfied that the threshold criteria is met and that A would be at risk of suffering significant harm should he be returned to the care of her parents.
We have considered the welfare checklist in respect of both orders and agree that these orders are necessary and proportionate in order to meet the welfare needs of A.
Orders:
We therefore make a Care Order in respect of A in favour of X City Council and a placement order in respect of A, and dispense with the consent of LW and NW to the making of the Placement Order.
Before a lay bench of magistrates, and legal adviser on 10th August 2010.